Opinion
NUMBER 13-18-00013-CR
08-07-2019
MATTHEW PATRICK AGNEW, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 36th District Court of San Patricio County, Texas.
ORDER
Before Chief Justice Contreras and Justices Benavides and Longoria
Order Per Curiam
This cause is before the Court on the record and appellant's second amended brief. Appellant's court appointed appellate counsel filed a second amended Anders brief with this Court on July 9, 2019. See Anders v. California, 386 U.S. 738, 744 (1967). Upon review of counsel's Anders brief, we note that the reporter's record on appeal does not include a copy of the reporter's record from the hearing on appellant's plea of guilty. Without a reporter's record from the trial court's hearing on appellant's guilt, we are unable to determine whether the appeal is frivolous.
When a relevant item has been omitted from the reporter's record, the appellate court may by letter direct the official court reporter to prepare, certify, and file in the appellate court a supplemental reporter's record containing the omitted items. See TEX. R. APP. P. 34.6(d). Accordingly, we ABATE and REMAND this appeal for supplementation of the reporter's record.
The official court reporter of the 36th District Court of San Patricio County is directed to prepare a supplemental reporter's record in this cause to include the proceedings held in cause number 13-18-00013-CR (trial court cause number S-17-3321CR) between May 23, 2017 and January 8, 2018. The supplemental record shall be filed with this Court within 30 days from the date of this order.
The appeal will be reinstated upon receipt of the supplemental reporter's record and upon further order of this Court.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 7th day of August, 2019.